General Terms and Conditions of
Welcome to hytrade24.com. hytrade24 GmbH and/or its affiliated companies (“hytrade24”) offer website functions and other services if you use the hytrade24.com website (the “Website”) or communicate via the Website, use products or services of hytrade24, use hytrade24 mobile applications or use software provided by hytrade24 in one of the preceding contexts (together the “hytrade24 Services”). Please read our privacy statement, our information on cookies and our information on internet-based advertising to understand how we collect and process your personal information through hytrade24 Services. hytrade24 provides hytrade24 Services in accordance with the General Terms and Conditions stated on this page. hytrade24.com is the trade name for hytrade24.
Please read these conditions carefully before using the hytrade24 services. By using the hytrade24 services, you agree to be bound by these conditions.
1 ELECTRONIC COMMUNICATION
If you use a hytrade24 service or send e-mails, text messages or other messages from your computer or mobile device to us, you are communicating with us electronically. We will communicate with you electronically in various ways, e.g. via e-mail, text messages, in-app push messages or through the publication of electronic messages or other communication on our website or as part of other hytrade24 services. For contractual purposes, you agree that all consents, notifications, publications and other communications that we transmit to you electronically do not require written form unless otherwise required by applicable law.
2 RECOMMENDATIONS AND PERSONALIZATION
As part of hytrade24 Services, we recommend functions, products and services that might be of interest to you, determine your preferences and personalize your experience with hytrade24 Services.
3 COPYRIGHT AND DATABASE RIGHTS
The entire content contained in or provided by a hytrade24 service, such as text, graphics, logos, button icons, images, audio clips, videos, CAD files, STEP files, PDF documents, digital downloads and data collections, is the property of hytrade24 or third parties who supply content or make it available on the website and is protected by German and international copyright and database law. The entire content of the hytrade24 service is the exclusive property of hytrade24 and is protected by German and international copyright and database law. You may not systematically extract and/or reuse parts of a hytrade24 service without our express written consent. In particular, you may not use any data mining, robots or similar data collection and extraction programs to extract any essential parts of a hytrade24 service for reuse (whether once or several times) without the express written consent of hytrade24.com. Furthermore, you may not produce and/or publish your own database containing essential parts of a hytrade24 service (e.g. our prices and product information) without the express written consent of hytrade24.com.
4 TRADEMARKS AND BRANDS
Click here to view a non-exhaustive list of hytrade24’s trademark rights. In addition, hytrade24.de’s graphics, logos, headers, button icons, scripts and service names contained in or provided by a hytrade24 service represent trademarks and service marks of hytrade24. hytrade24’s brand and trademark rights may not be used in connection with a product or service that does not belong to hytrade24 in such a way that it is possible to cause confusion of assignment among customers or in such a way that hytrade24 reduces or discredits them. All other brands and marks that are not the property of hytrade24 and appear in a hytrade24 service are the property of their respective owners..
One or more patents of hytrade24 are applicable to the hytrade24 Services and to functionalities and services accessible via the hytrade24 Services. Parts of the hytrade24 Services are operated under the license of one or more patents.
6 LICENSE AND ACCESS
7 YOUR ACCOUNT
In certain circumstances, you may need a hytrade24 account to use certain hytrade24 services, or you may need to be logged into your hytrade24 account and have a valid payment method associated with your account. If there is a problem with debiting your chosen payment method, we may debit any other valid payment method associated with your hytrade24 account. Click here to edit your payment methods. If you use a hytrade24 service, you are responsible for ensuring the confidentiality of your account and password and for restricting access to your computer and mobile devices and, to the extent permitted by applicable law, you agree to be responsible for all activities performed through your account or password. You should take all necessary steps to ensure that your password is kept secret and secure and you should notify us immediately if you have reason to suspect that a third party has obtained knowledge of your password or that the password is being or is likely to be used without authorization. You are responsible for ensuring that the information you provide to us is accurate and complete and that you notify us of any changes to the information you provide. You can view your information in the My Account section of the Website. You may not use a hytrade24 service: (i) in such a way as to interrupt, damage or otherwise impair the hytrade24 service or access thereto, or (ii) for fraudulent purposes or in connection with a criminal offence or illegal activity, or (iii) to cause annoyance, inconvenience or fear. We reserve the right to withhold services from you on the Website or close member accounts. This applies in particular in the event that you violate any applicable law, contractual agreements or our policies.
8 REVIEWS, COMMENTS, COMMUNICATION AND OTHER CONTENT
Visitors may post reviews, comments and other content, send e-cards and other communications, and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy or otherwise objectionable;re invasive, infringing or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigns, solicitations, chain letters, bulk mailings or any form of “spam”. You may not use a false email address, impersonate any person or entity, or otherwise misrepresent the origin of any bank or credit card or other content. We reserve the right (but assume no obligation without notice) to remove or edit such content. If you believe that your intellectual property rights have been infringed by an item or information in a hytrade24 service, please notify us by completing and submitting the appropriate notification form. If you provide customer reviews, comments, questions or answers, or other content made available by you for display on the hytrade24 website (e.g. images, videos or audio material, collectively referred to as “content”), you grant hytrade24: (a) the non-exclusive, royalty-free right to use, reproduce, publish, make available and modify such Content worldwide in any media, including the right to sublicense to third parties; and (b) the right to use the name you submit in connection with such Content. This provision does not transfer moral rights. You may remove your Content from public view or, if this functionality is offered, change your preferences so that only persons designated by you have access to your Content. You warrant that you own or otherwise control all of the rights to the Content that you have created at the time that the Content and Material are posted: (i) the Content and Materials are accurate; and (ii) the use of the Content and Materials you provide does not violate any applicable hytrade24 terms and policies and does not cause injury to any person or entity (including that the Content and Materials are not defamatory). You agree to indemnify hytrade24 against all claims by third parties asserted against hytrade24 and arising out of or in connection with the content or materials you have made available, except to the extent that liability under hytrade24’s liability policy allows hytrade24 to remove the content appropriately as soon as hytrade24.com has been advised of the illegality (notification form).
9 CLAIMS ARISING FROM INTANGIBLE PROPERTY RIGHTS
hytrade24 respects the intellectual property rights of third parties. If you think that your intellectual property rights have been used in a way that gives rise to fears of infringement, please let us know.
11 OTHER COMPANIES
12 HYTRADE24S ROLE
hytrade24 allows third party providers to list their products and services on the Website and to enter into commercial communications about these products and services via the Website. This will be indicated on the respective product detail page. Even if hytrade24 facilitates transactions and the establishment of business relationships on the hytrade24 portal, hytrade24 is neither the buyer nor the seller of these third-party articles. hytrade24 offers buyers and sellers the opportunity to conduct negotiations and conclude transactions. Thus, the contract that is concluded upon the conclusion of the sale of these third-party items is concluded exclusively between the buyer and the seller. hytrade24 is not a contractual partner and therefore does not assume any responsibility for that contract. hytrade24 is also not the representative of the seller. The Seller is responsible for the correctness of the (technical) details in the product description, the sale of the products, any complaints on the part of the Buyer and all other matters arising from the contract between the Buyer and the Seller.
13 OUR LIABILITY
We always strive to ensure that hytrade24 services are available without interruption and that transmissions are free of errors. Due to the nature of the Internet, however, this cannot be guaranteed. Your access to hytrade24 services may also occasionally be interrupted or restricted in order to enable repairs, maintenance or the introduction of new facilities or services. We shall attempt to limit the frequency and duration of any such temporary interruption or restriction. hytrade24 shall be liable without limitation if the cause of damage is based on an intentional or grossly negligent breach of duty by hytrade24 or a legal representative or vicarious agent of hytrade24. Furthermore, hytrade24 shall be liable for the slightly negligent breach of essential duties. Essential are obligations whose breach jeopardizes the attainment of the purpose of the contract or whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance you regularly rely. In this case, however, hytrade24 shall only be liable for the foreseeable damage typical of the contract. hytrade24 shall not be liable for the slightly negligent breach of obligations other than those mentioned in the above sentences. Likewise, hytrade24 shall not be liable for functional failures of the portal software in parts or in its entirety, as well as for resulting inconveniences and business losses of the portal members. The aforementioned limitations of liability shall not apply in the event of injury to life, limb or health, in the event of a defect after assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected. Insofar as the liability of hytrade24 is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.
14 APPLICABLE LAW
16 NO WAIVER.
17 MINOR YEARS
We only offer the use of our portal and our services to persons and company representatives who have already reached the age of 18.
18 OUR CONTACT INFORMATIONS
For hytrade24 GmbH:
+49 631 370 926 95
Tax number: 19/655/14253
VAT ID No.DE315936537
Commercial register entry HRB 32380
(Local Court Kaiserslautern)
IBAN: DE 65 5405 0220 0000 6060 79
BIC: MALADE51KLK (KSK Kaiserslautern)
19 NOTIFICATION AND ACTIONS TO HYTRADE24.COM REGARDING LEGAL INFRINGEMENTS
If you believe that your rights are being violated, you can contact us. We will respond promptly to rights holders and their agents to communicate concerns about alleged violations. Upon receipt of a notice, we may take certain actions, including removing information or an item, without acknowledging any liability and without prejudice to any rights or justifications expressly reserved. In addition, by sending hytrade24 an email to this effect, you grant hytrade24 the right to use, reproduce, modify, edit, publish, translate, create derivative works from, distribute and reproduce such content worldwide in any media. This includes forwarding the notification to the persons involved in the regulation of the allegedly infringing content. You agree to indemnify hytrade24 against all claims by third parties asserted against hytrade24 and arising out of or in connection with the sending of an e-mail or notification. Note on third-party entries: Please note that third-party entries on hytrade24.com are only stored or hosted and published at the sole discretion of the third-party provider. Important note: The provision of false, misleading or incorrect information in a notification form, an e-mail or any other form of contact to hytrade24 may lead to civil or criminal liability. You should contact a legal advisor if you have any questions.
These terms and conditions of trade and communication regulate the contact mediation and the range of services offered by hytrade24 GmbH. We offer you a large selection of hytrade24 services. Please read these conditions carefully before using the services and possibilities of hytrade24 GmbH. By using hytrade24, you declare that you agree to the application of these conditions to your actions within the portal or in any areas in context with hytrade24.
2 CONCLUSION OF CONTRACT AND AGREEMENTS
hytrade24 sees itself as a business portal and business directory. hytrade24 itself does not deal in goods and is therefore not responsible for the quality, correct description or quality of the goods presented. This is the responsibility of the respective providers. In accordance with hytrade24’s role as contact mediator and information medium, hytrade24 does not assume any warranty, guarantee or other responsibility with regard to any goods traded. Shipping, payment and acceptance must be regulated by the provider and agreed upon directly prior to any trade between the provider and the prospective buyer. hytrade24 establishes potential contacts between providers and prospective buyers (=“leads“), which are booked accordingly by booking various member rates or billed by purchasing new contact quotas (=“lead packages“). The booked leads are valid for the current calendar month, a transfer of unused leads into the following month is not possible. The presented products, their technical specifications, descriptions, drawings, photos or properties are either created and maintained by hytrade24 or by the user. No responsibility is taken for the correctness of the information. All information, images and other data provided by the user on hytrade24.com or other Internet sites or other media managed by the operator may be used without restriction by hytrade24 for marketing purposes or in other contexts without the prior permission of the corresponding user(s). Booked top positions of products, offers, requests or advertising content on the portal that are subject to a charge can only be divided proportionately among all booked corresponding services of all booking customers. There is no entitlement to display a top positioning at a specific time at a specific location. The random principle applies. The minimum contract term of all chargeable tariffs is 12 months. Cancellation is possible in writing up to three months before the end of the contract period. A change to a higher-priced tariff is possible at any time. In this case, the contract term shall be extended by a further 12 months from the date of the change and the cancellation period shall be shifted accordingly to three months before expiry of the new contract term. Portal members are prohibited from making company-related (contact) data available to other members via provided media or documents. A violation may lead to the exclusion of the participating actors from the portal or result in other consequences. Portal members are prohibited from using protected data material (drawings, photos, videos, graphics, etc.) for any other purpose.) of other persons or companies without their consent, or to make them available to other Portal members, to violate any rules of conduct in the context of Internet communication (“Netiquette“);hytrade24 to violate the usage framework of hytrade24 provided by the operator by interfering with the system, exploiting unrecognized system errors or in any other way, or to violate valid law in any other way within the portal or in any other context concerning the provider. Violation may result in exclusion from the portal and/or criminal prosecution. The payment of booked tariff packages takes place monthly by invoice, which can be settled in different ways. Valid payment methods can be viewed on hytrade24.com. Additionally booked lead packages, advertisements, top placements or further services will be billed according to the method previously agreed by the provider and portal member.
Prices and conditions of services, tariffs, lead packages and advertising options bookable with hytrade24 can be found in the respective product and service descriptions. Price quotations for products displayed on hytrade24 are made with the consent of the respective product providers and the correctness of the price quotations is the responsibility of the portal members at whose request the relevant product prices are displayed.
4 APPLICABLE LAW
German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict of laws provisions. The non-exclusive jurisdiction of the courts of the district where hytrade24 GmbH has its registered office is agreed. This means that you may file claims in connection with these General Terms and Conditions arising from consumer standards, either in Germany or in the EU member state in which you live. If you are a consumer with habitual residence in the EU, you also enjoy protection under the mandatory provisions of the law of your country of residence.
5 CHANGES TO THE TERMS AND CONDITIONS OF BUSINESS
We reserve the right to make changes to our website, rules, conditions including these Terms & Conditions at any time. Your communication, transactions and other actions in connection with hytrade24 shall be governed by the terms and conditions of trade, the contractual terms and the general terms and conditions in force at the time of your order, unless a change to these terms and conditions is required by law or by official order (in which case they shall also apply to actions you have previously performed). If any provision of these Terms of Sale is invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
6 NO WAIVER
If you violate these Terms and Conditions and we do not do anything about it, we will continue to be entitled to exercise our rights on any other occasion on which you violate these Terms and Conditions.
7 MINOR YEARS
We do not offer any services or products for use by minors. If you are under 18, you may only use hytrade24.com with the cooperation of a parent or guardian.
8 OUR CONTACT INFORMATIONS
Our contact information is:
+49 631 370 926 95
Tax number: 19/655/14253
VAT ID No.DE315936537
Commercial register entry HRB 32380
(Local court Kaiserslautern)
IBAN: DE 65 5405 0220 0000 6060 79
BIC: MALADE51KLK (KSK Kaiserslautern)
LIABILITY FOR OPERATORS OF ONLINE MARKETPLACES IN CASE OF DANGER
hytrade24 is not a marketplace according to the definition for online marketplaces used and presupposed in the Federal Ministry of Finance’s regulation of liability for damages to operators of online marketplaces. On hytrade24, no effective trade in goods or services is carried out directly, only the provision of contact and product data as well as requests and offers is made possible. The actual trade, the conclusion of the contract associated therewith and all procedures going beyond the establishment of contact are carried out directly between the supplier and the buyer away from the portal. For this reason, hytrade24 is not bound by the provisions of the Federal Ministry of Finance’s Dangerous Goods Liability Act for operators of online marketplaces.
2 INSURANCE AND INDEMNITY AGAINST HYTRADE24
Although the facts mentioned under point 1 exempt hytrade24 from the rules of the Federal Ministry of Finance’s liability for operators of online marketplaces, the members and users of the portal or its sub-areas are obliged to register on the portal and to use the hytrade24 website in all their domains and access areas;The user shall have the opportunity to comply with any requirements and instructions set forth in the regulation of the liability for damages of operators of online marketplaces of the Federal Ministry of Finance. Furthermore, the members and users release hytrade24 from any responsibility defined in the regulation and confirm that any violations of this regulation for which they are responsible are exclusively within their own area of responsibility.
(as of 08 February 2019)